Right Of Way Help

[Ted62]

I live on the first floor flat of a two flat maisonette,I have a right of way through the side gate to the ground floors garden to be able to read my gas meter. The family on the ground floor maisonette have put a bolt on the gate on the inside. They are tenants so I contacted the leaseholder regarding this matter but he will not help.

What should I do? I have thought about going to the county court to get a court order to have the gate unlocked, If I took this path who would I need to take to court, the tenants or the leaseholder?

Many Thanks

[des8]

Have you contacted the occupiers, and asked them to remove the bolt?

If they have bolted the gate for security reasons, ask them to replace bolt with a lock and supply you with a key.

Resolution is preferable to court

[Ted62]

Have you contacted the occupiers, and asked them to remove the bolt?

If they have bolted the gate for security reasons, ask them to replace bolt with a lock and supply you with a key.

Resolution is preferable to court

I have a key but they the renters just dont want to give me access, this is why I would like to know If it is them I should name on the summons, the owner of the flat does not want me to use this right of way the owner wants me to ask the agent to ask the renters to let me in etc.

[des8]

If you are determined to apply for an injunction name both the tenant and the leaseholder, but first try the agent and also send letters to both parties telling them you are about to apply to the courts and also that the order will be for them to pay the cost of the application.

I assume your title deeds do include a covenant giving you the right of access

[Ted62]

The leaseholder did a deed of variation which gives my flat a right of way,there was already a right of way there but they rerouted it as they were going to build a kitchen extention. I will give you the details below:

From and including the date of this deed, the Lease shall be read and construed as follows: the Tenant relinquishes all rights of way over the land coloured orange on plan 1 annexed to this Deed and receives in its place the same rights over the land coloured red on plan 2 annexed to this Ðeed


There is also a drawing that is added to the deed of variation. Because of this issue the tenants are angry with me for asking them to take the bolt off the gate. This is very upsetting for me and also they contacted the leaseholder to complain about me knocking on there door asking for access, now the leaseholder tells me not to knock on their door but to contact the managing agent if I want access.

Im upset as I did not want to argue with my neighbours about anything,

[des8]

So whatare the rights of access that have been varied?

[Ted62]

Its a right of way, not a right of access. I have a right of access which I have to inform the tenants before I can enter unless in an emergency, the right of way is where you can enter another land owners property with out notice.